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25 Dec 2014, 2:12 am
 Is practice in Europe the same as that articulated in Virgin Atlantic Airways Ltd v Premium Aircraft Interiors Group, or is there a spread of practices, in which case it will be good to know which approach will be adopted when we have a single European unitary patent, construed by the Unified Patent Court. [read post]
22 Dec 2014, 7:53 am
A new leading caseThe German company Denso Holding GmbH and its Spanish subsidiary Denso Quimica brought infringement actions against their former partner and distributor Productos Denso Pla Y Cia. [read post]
22 Dec 2014, 3:41 am
******************************PREVIOUSLY, ON NEVER TOO LATENever too late 24 [week ending Sunday 14 December] -- ** INTA’s When Trademarks Overlap With Other IP Rights Special ** | Scottish Law Society misinforms about UPC in Scotland | EPO Enlarged BoA Members’ letter against against President Battistelli’s BoA Member’s house ban | German lititgator writes German delegate to EPO AC | EU Judges join the chorus of condemnation against… [read post]
18 Dec 2014, 6:00 am by Administrator
Germans use äh and ähm; the French use eu, euh, em, eh, and oh, and Spanish-speaking people use eh, em, este, and pues.16 There is even a sign for um in American Sign Language.17 Virtually everyone uses verbal fillers, though the frequency can vary greatly from person to person.18 A study of one language database showed that speakers produced between 1.2 and 88.5 uhs and ums for every thousand words, with a median filler rate of 17.3 per thousand words.19 Other databases show… [read post]
15 Dec 2014, 7:25 am
The letter's author is a well-known litigator and is a partner in the renowned German firm of Bardehle Pagenberg. [read post]
14 Dec 2014, 6:06 am
GmbH v Klijsen Handel BV, at 17; Case C-251/95 SABEL v Puma at 18-19). [read post]
9 Dec 2014, 4:54 am
The final session before a very, very late lunch saw something of a novelty act: an interview by INTA stalwart Ronald van Tuijl (JT International) with Christoph Ernst (Ministerialdirigent, German Federal Ministry of Justice, left) and Mihaly Ficsor (Vice-President for Legal Affairs, Hungarian IP Office). [read post]
9 Dec 2014, 3:50 am
 Gordian looked at some German case law, including the Snickers/Winergy packaging dispute displayed on the left and concluded that, when it comes to the application of unfair competition principles, decisions can be unpredictable -- so trade mark protection, where available, is always best. [read post]
8 Dec 2014, 4:24 am
German case law has shown this to to be the case in litigation over cantilevered chairs such as that illustrated on the left,  In the Netherlands too, the scope of protection of the TRIPP TRAPP chair appears to have been whittled down over time. [read post]
8 Dec 2014, 2:32 am
The German refusal to allow registration of La Giaconda (the 'Mona Lisa') is a case in point. [read post]
4 Dec 2014, 5:08 am by Jeremy
This is a reference from the German Bundesgerichtshof on the InsoSoc Directive, asking: 1. [read post]
1 Dec 2014, 12:15 pm
Further, the German judges attending the hearing supported the inclusion of Rule 14.2(c). [read post]
1 Dec 2014, 12:36 am
Mercks clash over law governing coexistence dealThe Merck v Merck trade mark dispute (real name: Merck KGaA v Merck Sharp & Dohme Corp and others) has already appeared a couple of times on this weblog [see here and here], with the further honour to have a dedicated poll on who between the Germans and the Americans should have right to use that much-contended name. [read post]
27 Nov 2014, 4:08 pm
 One such instance is Merck KGaA v Merck Sharp & Dohme Corp and others [2014] EWHC 3867 (Ch), a Chancery Division, England and Wales, decision of Mr Justice Nugee of 21 November.Readers may remember that this trade mark spat has already featured several times on this blog. [read post]
27 Nov 2014, 6:03 am by Stephanie Woods, Olswang LLP
In Harding v Wealands [2006] 2 AC 1, the House of Lords held that procedural issues included issues in relation to the assessment of damages whilst the question of recoverability was an issue of substance. [read post]